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People v. Frase

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 822 (N.Y. App. Div. 2002)

Opinion

305

March 15, 2002.

Appeal from a judgment of Onondaga County Court (Mulroy, J.), entered May 26, 1999, convicting defendant upon his plea of guilty of felony driving while intoxicated.

LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA LLP, BUFFALO (ROGER W. WILCOX, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PINE, J.P., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of driving while intoxicated (DWI) as a felony (Vehicle and Traffic Law § 1192; § 1193 [1] [c] [i]). Defendant also appeals from a judgment convicting him of a violation of probation based on a prior felony DWI conviction. Defendant was sentenced to consecutive terms of incarceration of 1a to 4 years and 1 to 3 years, respectively. We reject defendant's contention that County Court abused its discretion in imposing consecutive sentences ( see generally, People v. Farrar, 52 N.Y.2d 302, 305-306). Defendant has multiple felony DWI convictions and committed the instant crime while on probation for a prior felony DWI conviction.

Defendant's contention that the presentence report is insufficient lacks merit. The report includes the information required by CPL 390.30. The further contention of defendant that he was deprived of effective assistance of counsel at sentencing also lacks merit. "It is unlikely that any statement by defense counsel [on defendant's behalf] would have had an impact on the sentence imposed" ( People v. Millington, 111 A.D.2d 993, 995).


Summaries of

People v. Frase

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 15, 2002
292 A.D.2d 822 (N.Y. App. Div. 2002)
Case details for

People v. Frase

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOHN R. FRASE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 15, 2002

Citations

292 A.D.2d 822 (N.Y. App. Div. 2002)
739 N.Y.S.2d 306

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People v. Frase

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed. Same…